A surgeon stood down from a central Queensland hospital is asking the Supreme Court in Brisbane to restore his right to practise in the public health system.
Urologist Antonio Vega Vega was investigated in relation to four operations at Rockhampton Hospital last year, including one in which he removed the wrong kidney from a patient.
His lawyer Stephen Keim told the court a clinical review and health investigation report were biased, breached natural justice and should be quashed or ruled invalid.
He said Dr Vega Vega was disadvantaged because he was not allowed access to documents and the investigators ignored favourable evidence.
“There’s a breach of natural justice in either ignoring evidence or protecting evidence without providing any reasons,” he said.
“That conduct leads to an apprehension of bias.”
Mr Keim said that arose because the investigators appointed were employed by law firm Minter Ellison, which had been engaged in advocacy work for Queensland Health or the Central Queensland Hospital and Health Board.
“We say what’s happened here is very strange. The basis was to protect the comfort of witnesses.
“The witnesses weren’t necessarily patients, they were doctors and administrators.”
Dr Vega Vega now works at private hospitals after the Medical Board of Australia reinstated his right to practise.